«SOSA GUERRERO ANALÍA ZUNILDA Y OTROS c/ GCBA», Cámara de Apelaciones Contencioso, Administrativo y Tributario, C.A.B.A., 14/08/15
Síntesis.- En el caso, corresponde confirmar la sentencia de grado, en cuanto impuso las costas a la actora vencida en el marco de una demanda por empleo público.
Cabe recordar aquí que la principal fuente procesal de responsabilidad patrimonial se halla representada por las costas, es decir por los gastos ocasionados con motivo de la sustanciación del proceso (cf. Palacio, Lino E., Derecho Procesal Civil, Abeledo Perrot, Buenos Aires, 2004, T° IIl, séptima reimpresión, p. 363). En tal sentido, las costas comprenden todos los gastos necesarios para la preparación, instrucción y decisión del proceso judicial (cf. Fenochietto, Carlos E., Código Civil Procesal y Comercial de la Nación, Astrea, Buenos Aires, 2001, T° 1, p. 289).
El principio que se establece en el artículo 62 del Código Contencioso Administrativo y Tributario descansa en la convicción de que el objeto de la condena en costas es evitar que la actuación de la ley represente una disminución para la parte a favor de la cual se realiza (cf. Juan Lima, Fernando E., Código Contencioso Administrativo y Tributario de la Ciudad Autónoma de Buenos Aires. Comentado y Anotado, Abeledo Perrot, Buenos Aires, 2010, T° I, segunda edición, p. 214).
Ahora bien, el artículo 62, en su última parte, importa una sensible atenuación al principio de la derrota, brindando a los jueces el arbitrio de distribuirlas de conformidad a las circunstancias del caso y cuando el principio contenido en la norma reseñada importe una manifiesta injusticia.
Sin embargo, considero que en el presente caso no se encuentran presente dichos extremos y la parte actora no ha aportado argumentos suficientes que permitan modificar la imposición efectuada por el Magistrado de grado (Extraído Del voto por sus fundamentos de Dr. Esteban Centanaro).
Fuente: Departamento de Biblioteca y Jurisprudencia del Consejo de la Magistratura de la Ciudad de Buenos Aires
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